Brimer v. ModCloth, Inc.

On September 19, 2012, citizen enforcer Russell Brimer and settling defendant ModCloth, Inc. ("ModCloth"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that ModCloth sold glassware with colored artwork or designs containing the heavy metal lead on the exterior.

As part of the settlement, ModCloth agreed not to sell any glassware with colored artwork or designs by means other than through the internet in California after September 30, 2012, unless the glassware complies with reformulation standards when analyzed using state or federally approved testing methodologies or has Proposition 65 warnings provided. Should ModCloth eliminate the need for Proposition 65 warnings for the glassware by January 31, 2013, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $30,000, divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblower Brimer and his counsel for their successful enforcement of this matter in the public interest.